The Employer’s Guide To Immigration

Are you planning to employ a suitable candidate for a vacant post in your company from overseas? Does he have the correct visa? Are you aware of the Tier 2 visa route? Do you know how to complete a right to work check while recruiting an employee?

Read on this employer's guide to immigration in the workplace so that you don't risk your Employer Sponsorship Licence.

Every employer who is facing issues with the above questions must work with the solicitors who have expertise in the field of Immigration Laws.

If as an employer you are recruiting skilled employees from outside the EU/EEA, you must have a proper system to keep a check on the entire recruitment process. And the system must be as per the requirement under the Tier 2 visa route. Also it is your duty to ensure that the candidate do have the right to work in the UK.

To ensure that you don't fail to comply fully with the UK's immigration and employment laws, you must work with the best immigration lawyers in London. Experts in the field can save you from penalties that could range from civil to criminal. 

Immigration Status Of Employee

As an employer, you must adhere to the UK employment law. And at the same time you cannot employ anybody who doesn't have correct immigration status. In order to save yourself from breaking any law, you must get in touch with the UK immigration solicitors who have experienced in handling immigration issues.

As per the UK's employment laws, if you are recruiting anyone, the entire duration starting from the recruitment process, throughout his employment period and when terminating the relationship, there must be no harassment or discrimination. While withdrawing the job offer, as an employer you must ascertain that the termination is in accordance with the UK employment law.

When recruiting, the candidates should be notified before the interview that the employment is subject to completion of the right to work check. You must mention it clearly in contracts of employment about the same. You can get the same published in the employee handbook.

The employer should be clearly notified that in case of any change in immigration status, he may get dismissed.  Also, such an employee whose immigration status seems to have been changed must be offered a right of appeal. As he might have the right to work and right of appeal will lend him a fair chance instead of unfair dismissal.

You must ensure that the employees with time limited immigration status are followed up with the right to work check process. The system that you are using to manage certificates of sponsorship under Tier 2 visa route must be audited regularly. Also, you must be aware of the latest rules and guidance from the Home Office.

For immigration related issues we would suggest to get in touch with Cranbrook Legal, a Law Firm having expertise in the field. For more information, call on 0203 865 8870.